[May 17, 2011] EDITORIAL: Regulating electronic data may be next to impossible Tweet TAIPEI, May 17, 2011 (The China Post - McClatchy-Tribune Information Services via COMTEX) -- Every person has at one point been tempted to look at the e-mails, text messages or online chats of his or her significant other, especially if they have prior suspicions itching to be confirmed. Yet common courtesy and respect often steer us away from loitering in the private, albeit "digital," space of others, even if the opportunity presents itself. However, it is undeniable that the discovery of intimate e-mails or text message exchanges has unraveled many relationships. Provided that this "evidence" had not been left on a tabletop for all to see, gaining access to a person's private e-mail without authorization is largely illegal. In the case of text messages, Taiwan's Criminal Code does not explicitly define the behavior of viewing someone's texts without consent as an offense, although different interpretations may determine otherwise. The topic was brought to public attention after a New Taipei City woman tried to sue her boyfriend for invasion of privacy for looking at and taking pictures of her texts. Although Article 315 of Taiwan's Criminal Code states that a "person who, without reason, opens or conceals a sealed letter, or other type of sealed document belonging to another" is punishable under the law, many judges and lawyers do not believe she has a case. A senior lawyer pointed out that the article fails to include electronic records such as e-mails or text messages, therefore making it likely that the judge will toss the case out. The same people who have criticized Taiwan's judiciary and legislature as outdated, especially in this digital age, may need to re-examine amendments made to update the criminal code, most specifically Article 220, which was enacted to broaden the definition of a "document." According to Article 220, electromagnetic records displayed through a machine or computer, which are "sufficient evidence of the intent therein contained," shall be considered a "document," hence the unauthorized perusal of somebody else's electronic mail would, in fact, constitute an offense. Despite this, we don't believe the woman's case will have its day in court. Intimate and explicit texts have reduced the trust between couples to ruins for some time and we can't help but feel the woman is merely raising hell on one issue to distract from another. We do not foresee this law requiring further amendments, unless they were made to include every medium through people connect and interact. Take the ubiquitous social-networking site Facebook for example. Many of its users readily post a large amount of private information on the site, much of which could be considered incriminating. The present digital age, that of constant connections within a wide net of contacts, shows that we really don't have to dig that hard anymore to confirm our suspicions. The American Academy of Matrimonial Lawyers (AAML) cited social media as the new affair hotbed, with their 2010 survey linking Facebook as the "primary source" of evidence in divorce proceedings. The prominence of social media as a form of communication may change the concept of "privacy" altogether. Article 315 prohibits "eavesdropping on or the videotaping of" "private conversations, moments or activities." Including texts, and therefore, social media networks into the same umbrella of privacy is hardly conceivable as it brings in the role of the provider, namely the telecom company or the social media site itself. Facebook readily claims ownership of all user content; trying to impose one's right to privacy on a privately owned site is like calling foul after first agreeing to rules established by others. The underlying fact is that people lend their cell phones, give out their passwords and grant access to those who they believe they can trust. It is very hard to renege on that and sue that person in court whenever one feels the urge, even if the law appears to be one your side. When it comes to regulating the privacy of electromagnetic records, it may be fair to say that all areas are different shades of gray. To see more of the Asia News Network, go to http://www.asianewsnet.net/home/ Copyright (c) 2011, The China Post, Taipei, Taiwan / Asia News Network Distributed by McClatchy-Tribune Information Services. For more information about the content services offered by McClatchy-Tribune Information Services (MCT), visit www.mctinfoservices.com. [ Back To TMCnet.com's Homepage ]